Case No. 2018-25189-A





Complainant and Respondent desire to settle and compromise this action without hearing or adjudication of any issue of fact or law, and consent to the entry of the following Findings of Fact and Order.  Pursuant to IC 13-30-3-3, entry into the terms of this Agreed Order does not constitute an admission of any violation contained herein.  Respondent's entry into this Agreed Order shall not constitute a waiver of any defense, legal or equitable, which Respondent may have in any future administrative or judicial proceeding, except a proceeding to enforce this order.




1.             Complainant is the Commissioner (“Complainant”) of the Indiana Department of Environmental Management (“IDEM”), a department of the State of Indiana created by Indiana Code (“IC”) 13-13-1-1.


2.             Respondent is INTAT Precision, Inc. (“Respondent”), which owns and operates a stationary gray and ductile iron foundry with Plant I.D. No. 139-00011 located at 2148 State Road 3 North in Rushville, Rush County, Indiana (the “Site”).


3.             IDEM has jurisdiction over the parties and the subject matter of this action.


4.             Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation (“NOV”) via Certified Mail to:


Tomiyuki Murayama, President

The Prentice-Hall Corporation System Inc.,

INTAT Precision, Inc.

Registered Agent

2148 N. State Road 3

135 N. Pennsylvania St, Suite 1610

Rushville, IN 46173

Indianapolis, IN 46204


5.             During an investigation conducted by a representative of IDEM, the following violation was found:


Pursuant to Part 70 Permit 139-36470-00011 (“permit”), issued to Respondent on September 13, 2016, condition D.3.1(d), VOC emissions from Melting (1110), Inoculation (1150), Pouring (2000), the Casting conveyor & Cooling Conveyor system (2015 & 2020), and the Casting Shakeout system (3010) combined shall not exceed 0.8 pound per ton of metal throughput.

Respondent conducted stack testing between September 27, 2016 and October 6, 2016 for the units listed above.  The combined emissions resulted in 0.96 pounds VOC per ton of metal throughput, in violation of permit condition D.3.1(d).

6.             Respondent was issued Part 70 permit 139-38966-00011 on April 10, 2018 modifying the VOC emissions from 0.8 pounds VOC per ton of metal throughput to a limit of less than 24.9 tons per 12 months.

7.             In recognition of the settlement reached, Respondent waives any right to administrative and judicial review of this Agreed Order.




1.             This Agreed Order shall be effective (“Effective Date”) when it is approved by Complainant or Complainant’s delegate, and has been received by Respondent.  This Agreed Order shall have no force or effect until the Effective Date.


2.             Respondent shall comply with Part 70 Permit 139-38996-00011, unless superseded by a permit modification or renewal.


3.             Within fifteen (15) days of the Effective Date, Respondent shall submit a written response outlining the corrective measures it will be implementing to ensure that stack test reports are submitted timely.


4.             All submittals required by this Agreed Order, unless Respondent is notified otherwise in writing by IDEM, shall be sent to:


Matthew Chaifetz, Compliance and Enforcement Manager

Compliance and Enforcement Branch – Mail Code 61-53

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251


5.             Respondent is assessed and agrees to pay a civil penalty of Seven Thousand Eight Hundred Twelve Dollars and Fifty Cents ($7,812.50).  Said penalty amount shall be due and payable to the Environmental Management Special Fund within thirty (30) days of the Effective Date; the 30th day being the “Due Date”.


6.             In the event the terms and conditions of the following paragraphs are violated, Complainant may assess and Respondent shall pay a stipulated penalty in the following amount:




Stipulated Penalty


Failure to submit written response

$100 per week or part thereof


7.             Stipulated penalties shall be due and payable no later than the 30th day after Respondent receives written notice that Complainant has determined a stipulated penalty is due; the 30th day being the “Due Date”.  Complainant may notify Respondent at any time that a stipulated penalty is due.  Failure to notify Respondent in writing in a timely manner of a stipulated penalty assessment shall not waive Complainant’s right to collect such stipulated penalty or preclude Complainant from seeking additional relief against Respondent for violation of this Agreed Order.  Neither assessment nor payment of stipulated penalties shall preclude Complainant from seeking additional relief against Respondent for a violation of this Agreed Order; such additional relief includes any remedies or sanctions available pursuant to Indiana law, including, but not limited to, civil penalties pursuant to IC 13-30-4.


8.             Civil and stipulated penalties are payable by check to the “Environmental Management Special Fund.”  Checks shall include the Case Number of this action and shall be mailed to:


IDEM Office of Legal Counsel

IGCN, Rm  N1307

100 N Senate Ave

Indianapolis, IN  46204


9.             This Agreed Order shall apply to and be binding upon Respondent and its successors and assigns.  Respondent’s signatories to this Agreed Order certify that they are fully authorized to execute this Agreed Order and legally bind the party they represent.  No change in ownership, corporate, or partnership status of Respondent shall in any way alter its status or responsibilities under this Agreed Order.


10.          In the event that the monies due to IDEM pursuant to this Agreed Order are not paid on or before their Due Date, Respondent shall pay interest on the unpaid balance at the rate established by IC 24-4.6-1.  The interest shall be computed as having accrued from the Due Date until the date that Respondent pays any unpaid balance.  Such interest shall be payable to the Environmental Management Special Fund, and shall be payable to IDEM in the manner specified in Paragraph 8, above.


11.          In the event that any terms of this Agreed Order are found to be invalid, the remaining terms shall remain in full force and effect and shall be construed and enforced as if this Agreed Order did not contain the invalid terms.


12.          Respondent shall provide a copy of this Agreed Order, if in force, to any subsequent owners or successors before ownership rights are transferred.  Respondent shall ensure that all contractors, firms and other persons performing work under this Agreed Order comply with the terms of this Agreed Order.


13.          This Agreed Order is not and shall not be interpreted to be a permit or a modification of an existing permit.  This Agreed Order, and IDEM’s review or approval of any submittal made by Respondent pursuant to this Agreed Order, shall not in any way relieve Respondent of its obligation to comply with the requirements of its applicable permit or any applicable Federal or State law or regulation.


14.          Complainant does not, by its approval of this Agreed Order, warrant or aver in any manner that Respondent’s compliance with any aspect of this Agreed Order will result in compliance with the provisions of any permit, order, or any applicable Federal or State law or regulation.  Additionally, IDEM or anyone acting on its behalf shall not be held liable for any costs or penalties Respondent may incur as a result of Respondent’s efforts to comply with this Agreed Order.


15.          Nothing in this Agreed Order shall prevent or limit IDEM’s rights to obtain penalties or injunctive relief under any applicable Federal or State law or regulation, except that IDEM may not, and hereby waives its right to, seek additional civil penalties for the same violations specified in the NOV.


16.          Nothing in this Agreed Order shall prevent IDEM or anyone acting on its behalf from communicating with the EPA or any other agency or entity about any matters relating to this enforcement action.  IDEM or anyone acting on its behalf shall not be held liable for any costs or penalties Respondent may incur as a result of such communications with the EPA or any other agency or entity.


17.          This Agreed Order shall remain in effect until IDEM issues a Resolution of Case letter to Respondent.






Department of Environmental Management


INTAT Precision, Inc










David P. McIver, Chief





Enforcement Section





Office of Air Quality
























































, 2019.



For the Commissioner




Signed on June 14, 2019


Matthew Stuckey, Deputy Assistant Commissioner


Office of Air Quality


Indiana Department of Environmental Management